Legal Regulation Of The Blog Reputation Infringement

After being introduced to China, blog, as a new means of information dissemination of network, has enjoyed a highly-speeded wide spread. Its zero-threshold, no gatekeepers, the characteristics of the open brings a unique set of legal issues; the negative effects have become increasingly prominent. In recent years, the blog has been increasingly violating the right to reputation, privacy, especially the blog reputation infringement is becoming increasingly serious. the Court dealt with such cases mostly according to Chinese "General Principles of Civil Law" and relevant judicial interpretations. Those if these provisions are sufficient to regulate blog defamation and how to apply to the blog reputation infringement are the problems existing in blog reputation infringement trial which the court must face to. If this problem is not solved, it will influence blog in-depth and its healthy and orderly development, .what's more, that exploring the legal regulation of the blog reputation infringement has become a important problem related to the development of blog.This paper divides the first blog case in China into two categories, namely, the first blog against the Chinese blog network case and the first blog against blog case, by the spread of both parties in the blog's status and roles in the blogs .Through the first blog v. blog network case - Chen Tangfa made the case against the Chinese blog network, the first case blog v. blog-Shenyang made the case against Qin Chen(Zhang Ming), this paper studies such legal fundamental problems as the main characteristics, the main performance ,the liability body , the judicial finds ,the imputable principles and legal regulations of the blog reputation infringement.Section I of the first part details the basic circumstances of the case, Section II analyzes the focus of the controversial case and the court finds that the legal basis for the defendant. Part Two, section I analyzes the issues reflecting in the cases and solutions to these problems related to response, as reflected in the reputation of issues, including the main characteristics, the main performance and the judicial finds of the blog reputation infringement, the principle of liability issues, and the corresponding countermeasures. Section II presents legal regulations of the blog reputation infringement, as well as the relations between these legal regulations, including several recommendations of the legal regulation: blog real name system, proprietary to monitor, the autonomy of association degree, changes in time, such as improving the relevant laws. Look forward to guiding the relevant judicial practice in China.